Disputes between solar installers and suppliers are an inevitable part of South Africa's fast-growing PV market. Whether it's delayed deliveries, defective equipment, rejected warranty claims, or payment disagreements, how you handle the dispute determines whether you recover your losses—or absorb them.
This guide provides a practical, step-by-step toolkit to resolve disputes efficiently.
1. Build the evidence file — documents that decide outcomes
In any dispute, the party with the strongest documentation usually wins. Before escalating, assemble a complete evidence file that clearly tells the story.
1.1 Commercial documents
- • Signed quotations and purchase orders
- • Supplier invoices and proof of payment
- • Delivery notes and goods received confirmations
1.2 Technical and project evidence
- • Commissioning reports and test results
- • Installation photos (before, during, and after)
- • Serial numbers and product labels
- • Fault logs, inverter error codes, or monitoring screenshots
1.3 Communication records
- • Emails confirming specifications, timelines, or changes
- • WhatsApp messages (exported where relevant)
- • Warranty terms and product datasheets
A well-organised file—structured into folders like Invoices, Photos, Test Reports, and Emails—makes it easier to prove your case.
Tip
Assume a third party will review your file. Clarity beats volume.
2. Pre-action steps — resolve before escalating
Most disputes can be resolved without legal action if handled correctly.
2.1 Attempt direct resolution
Start with a clear, professional message:
- • Define the issue
- • Reference the agreement
- • State the remedy (refund, replacement, credit)
- • Give a deadline (5–10 business days)
2.2 Escalate internally
If there's no response:
- • Contact senior management or accounts
- • Reference previous communication
- • Reattach evidence
2.3 Issue a Letter of Demand
A formal letter signals escalation.
Include:
- • Parties and transaction details
- • Description of the breach
- • Amount or remedy claimed
- • Deadline (7–14 days)
- • Notice of legal action if unresolved
3. Ombud vs commercial disputes — know the limits
3.1 When ombuds may apply
Ombud channels may help if:
- • The transaction falls under consumer protection
- • The issue relates to product quality or unfair practices
3.2 Limitations for installers
Most installer–supplier disputes are business-to-business (B2B):
- • Ombuds may not have jurisdiction
- • Contract terms apply
- • Resolution relies on negotiation, arbitration, or courts
Bottom line: Ombuds are limited in commercial solar disputes.
4. Arbitration and litigation — choosing the right route
4.1 Arbitration
Often required by contract.
Advantages:
- • Faster than court
- • Private and confidential
- • Suitable for technical disputes
Considerations:
- • Can be costly
- • Limited appeal options
4.2 Small Claims Court
Best for low-value disputes.
Benefits:
- • Low cost
- • No lawyers required
- • Faster resolution
Suitable for:
- • Payment disputes
- • Simple refund or delivery issues
4.3 Magistrate's Court / High Court
For complex or high-value disputes.
Advantages:
- • Enforceable judgments
- • Formal legal process
Drawbacks:
- • Time-consuming
- • Higher legal costs
5. Dispute escalation checklist
Follow this process:
- Gather and organise all evidence
- Attempt direct resolution
- Escalate internally
- Send a letter of demand
- Review your contract
- Choose the forum (Ombud, Small Claims Court, Arbitration, Litigation)
6. Practical tips to resolve disputes faster
- • Document everything from day one
- • Standardise commissioning reports
- • Align contracts before signing
- • Set internal escalation timelines
- • Stay professional at all times
Conclusion
Disputes don't have to derail your business. With strong documentation, clear communication, and the right escalation path, you can resolve issues faster and protect your margins.
Treat dispute resolution as part of your system—not a last resort.
